According to FBI Director James Comey, Hillary Clinton was not aware that she was potentially breaking the law when she sent classified emails using a private server.
Sen. John Kennedy asked Comey during testimony in front of the Senate Judiciary Committee if it was possible that Anthony Weiner could have access to classified emails when Huma Abedin forwarded him email exchanges with Clinton.
Comey was unsure, but Kennedy followed up to determine if Abedin could have broken the law by forwarding the emails.
“Really the central problem we had with the whole email investigation was proving that people knew, the secretary and others knew, that they were communicating about classified information in a way that they shouldn’t be,” Comey responded. “…proving that they had some sense that they were doing something unlawful.”
“So [Abedin] thought it was OK to send her husband the information?” Kennedy asked.
“We could not prove that the people sending the information, either in that case or the other case with the secretary, were acting with any kind of mens rea, with any kind of criminal intent,” he concluded.